How many hours is a normal working day, and if it exceeds the normal time, is it considered overtime

The statutory working hours are not more than 8 hours per day, and the average is not more than 44 hours per week. Although Article 3 of the "Provisions on the Working Hours of Employees" stipulates that employees work 8 hours a day and 40 hours a week, the law is greater than the regulations, so as long as it does not exceed 44 hours.

Overtime wages are divided into overtime on weekdays, weekends and statutory holidays, and the calculation methods of overtime wages are different, as follows:

According to the Labor Code

Article 36 The State implements a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.

Article 38 The employer shall ensure that the worker has at least one day off per week.

Article 39 Where an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to the characteristics of production, it may, with the approval of the labor administrative department, implement other work and rest measures.

Article 41 Due to the needs of production and operation, an employer may, after consultation with the labor union and the workers, extend the working hours, which shall generally not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed.

Article 44 In any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards:

1) Where a worker is arranged to work longer hours, a wage remuneration of not less than 150 percent of the wage shall be paid;

2) If a worker is assigned to work on a rest day and cannot be arranged for a compensatory holiday, a wage remuneration of not less than 200 percent of the wage shall be paid;

3) If a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.

The law does not uniformly stipulate the specific commuting time, depending on what kind of working hour system the company adopts and the company's regulations. There are three types of working hours system implemented in China, namely the standard working hours system, the comprehensive working hours system and the irregular working hours system.

The standard working hours system refers to the working hours system in which employees work 8 hours a day and 40 hours a week in accordance with Article 36 of the Labor Law and Article 3 of the Provisions on Working Hours of Employees.

According to Article 44 of the Labor Law, overtime wages are calculated as follows:

Overtime pay on working days: multiple of overtime hours per month;

Overtime pay on weekends and weekends: 2 times the monthly salary and overtime hours;

The calculation method of overtime pay on statutory holidays is 3 times the monthly salary and overtime hours.

2.The comprehensive working hours system refers to the comprehensive calculation of working hours on a weekly, monthly, quarterly, annual and other cycles, but the average working hours and average weekly working hours should be basically the same as the statutory standard working hours. Overtime pay shall be paid according to the overtime work standard on working days for working hours exceeding the approval, and overtime pay shall be paid according to the overtime standards for overtime on statutory holidays.

3. The irregular working hours system refers to the working time system that does not have a fixed commuting time limit on each working day. On the premise that the workload is clear, the work and rest time can be arranged independently, so the employer may not pay overtime wages.

According to the latest labor law, the standard working week cannot exceed 40 hours. Overtime hours generally cannot exceed 1 hour per day, and no more than 3 hours per day under special circumstances; In general, the cumulative overtime should not exceed 36 hours per month. The standard overtime rate for working hours in excess of the standard working hours is calculated in the following ways:

Weekday overtime: that is, the number of the hourly wage other than 8 hours per day is calculated as overtime on weekends: 2 times the hourly wage is calculated as overtime on statutory holidays

Calculated at 3 times the hourly wage.

In China, the normal is 8 hours, and overtime is counted, and it cannot exceed 3 hours per dayIf you want to make money, you can continue, and if you don't want to, you can get off work.

Is it reasonable to go to work at 7 a.m., get off work at noon, go to work at 1 p.m., get off work at night, and don't let you get off work until 10 p.m. if it's not normal, and don't pay overtime?

There are 2 types of division of labor: 1. Normal work for 8 hours a day; 2. Comprehensive working hour system.

How overtime pay is calculated on weekdays.

Three hours, altogether is how much a month.

Legal Analysis: Exceeding 176 hours per month is considered overtime. The employer may appropriately extend the working hours, i.e., overtime, only when it is necessary for production and operation.

It is necessary to negotiate with the labor union and the workers. In terms of overtime, the time of overtime is generally not more than one hour per day. If it needs to be extended due to special reasons, it shall not exceed three hours per day under the strip of skin to ensure the health of the worker, and shall not exceed thirty hours per month.

Overtime hours on weekends are also included in the calculation of 36 hours. Even if the employer arranges compensatory leave, the overtime hours on weekends and weekends are counted within the above 36 hours.

Legal basis: Article 36 of the Labor Law of the People's Republic of China The State implements a working hour system in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.

1. How to calculate overtime overtime.

1. If the employer arranges the employee to work on statutory holidays, it shall pay 300% of the wage. Where the working hours are more than or less than 8 hours, wages and remuneration shall be paid according to the actual working hours and the hourly wage standard.

2. The basis of the law: Article 44 of the Labor Law of the People's Republic of China.

Under any of the following circumstances, the employer shall pay the employee a wage higher than the employee's normal working hour wage in accordance with the following standards:

1) Where a worker is arranged to work longer hours, a wage remuneration of not less than 150 percent of the wage shall be paid;

2) If a worker is assigned to work on a rest day and no compensatory rest can be arranged, a wage remuneration of not less than 200 percent of the wage shall be paid;

3) If a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of the wage.

2. How to stipulate overtime wages in the labor law.

Overtime pay is subject to the following provisions:

1. If the worker is arranged to work longer hours, the employer shall pay no less than 150% of the wage;

2. If the worker is arranged to work on a rest day and cannot arrange a compensatory break, the employer shall pay a wage remuneration of not less than 200% of the wage;

3. If a worker is assigned to work on a statutory holiday, he or she shall be paid a remuneration of not less than 300% of the wage.

Hello, according to the "Regulations on the Working Hours of Employees", the standard working hours system is 8 hours a day and 40 hours a week. Extended working hours after a working day are called overtime, and providing labor on rest days and statutory holidays is called overtime. Article 41 of the Labor Law stipulates that:

Due to the needs of production and operation, the employer may extend the working hours after consultation with the labor union and the workers, and generally shall not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed. "It can be seen that the upper limit of overtime is 3 hours per day, and the cumulative overtime cannot exceed 36 hours in a month.

Generally, it is calculated according to the double salary from Monday to Friday, and the salary is twice the salary on weekends.

Hello! I am doing domestic sales, the company stipulates 167 hours, and then there are more working hours every month, and overtime pay has not been paid, a total of 90 hours in 5 months, how should overtime pay be calculated in this case?

Generally, your company's overtime pay is calculated by the hour, for example, if you work overtime for 90 hours 90 8 = almost 11 and a half days. Equivalent to your salary, you can also take a day off.

Questions. The compensatory company refused.

Then you apply for ** class fee.

Questions. Well, thanks.

If you don't want to pay overtime. You will consider severing your job to sue for compensation. Or just don't work overtime in the future [hug] [hug].

Questions. I proposed to leave on March 2, and then I didn't do it on April 2, I used to say that I could take a leave of absence, and I wanted the company to take a leave of absence, so that I could leave on March 20, but the company said overtime pay, and the overtime pay didn't say how much an hour.

2800 base salary.

Tears run] dear, you have to say a month in advance that you are leaving, that's right. However, if he doesn't give you overtime pay, you won't receive the money by then. Just go to the labor office. Either let him give you compensatory time off.

Normal overtime should be doubled.

Hourly wages. Keep the evidence when you arrive. If you don't give. Prosecute according to this standard.

Analysis of the Law Promotion:

If an employee works more than eight hours a day during standard working hours, it is considered overtime.

Legal basis: Labor Law of the People's Republic of China Article 41 Due to the needs of production and operation, the employer may extend the working hours after consultation with the labor union and the workers, which shall generally not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed.

The labor law stipulates that the working hours shall not exceed eight hours per day and 44 hours per week, and the excess shall be counted as overtime.

The law stipulates that due to the needs of production and operation, the employer may extend the working hours after consultation with the labor union and the employee, which shall generally not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed. What is the overtime pay rate?

The current standard working hours system in China is 8 hours a day and 40 hours a week. If the salary is calculated and paid according to the above standard working hour system, it is an hourly wage system. Employers that implement the hourly wage system have clear regulations on the payment of overtime wages.

In any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the employee's normal working hours according to the following standards: if the employee is arranged to work longer hours, the employer shall pay the employee a wage remuneration of not less than 150% of the wage; If the worker is arranged to work on the rest day and cannot arrange compensatory leave, the wage remuneration shall not be less than 200% of the wage; If an employee is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300% of his wages.

In our real life, our national standard working hour system is 8 hours a day and 40 hours a week, which means that if it exceeds the usual or agreed working hours in the contract, it is overtime time, and wages need to be paid or arranged by the employer to take time off. We hope you find the above helpful, and if you have any other questions, you can consult a professional lawyer. Article 36 of the Labor Law stipulates that the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.